A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 22, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court on October 22, 2010, and a fine of 1.5 million won for the same crime at the same court on September 9, 2013.

On October 3, 2018, while under the influence of alcohol level of 0.117% during blood transfusion around 22:33, the Defendant driven a low-pollution vehicle over about 3 km in front of the tunnel of the members of the crew, at the request of from the insane area of Gwangju-si to the area lower than the 0.117% of alcohol level.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of punishment more than twice due to drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding report, investigation report (report on the situation of driving a driving a week), and inquiry into the results of crackdown on drinking driving;

1. Previous conviction: Application of second-class Acts and subordinate statutes to a written inquiry, such as criminal history, and a suspect's separate summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by taking into consideration all kinds of sentencing conditions, such as the defendant's records of the same crime and the degree of alcohol concentration during blood, with the reason of sentencing under Article 62-2 of the Criminal Act;